Arkansas Commercial Driver's License Rules

Obtaining a commercial driver's license (CDL) in Arkansas requires
passage of a skills and knowledge test based upon the type of commercial motor
vehicles (CMV) being driven. Federal law requires that CDL drivers crossing
state lines must be 21 years of age. States may set different age limits for commercial
drivers that operate solely within the state.

Arkansas follows federal guidelines that provide for three
classifications of CMVs as described below. (Learn more about the Federal
Commercial Driver’s License Program (CDL/CDLIS).) CDLs are regulated
nationwide under the Motor
Carrier Safety Improvement Act of 1999. That law was modified by the
Patriot Act, effective 2005, which provided that out-of-state transfers of CDLs
were subject to certain
security measures particularly in regard to transportation of hazardous
materials.

Class A. Any combination of
vehicles with a gross combination weight rating (GCWR) of 26,001 or more pounds
provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

Class B. Any single vehicle with
a gross vehicle weight rating (GVWR) of 26,001 or more pounds, or any such
vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

Class C. Any single vehicle, or
combination of vehicles, that does not meet the definition of Class A or Class
B, but is either designed to transport 16 or more passengers, including the
driver, or is transporting material that has been designated as hazardous. Note: A bus may be either Class B or
Class C depending on whether the GVWR is 26,001 pounds or more.

Testing and Fees. Currently, test sites in Arkansas are shown here.
As of August 2016, the fees for commercial licenses in Arkansas are $42 plus a $50 fee for the
road test.

Traffic Violations and CDL Disqualification

Arkansas drivers can lose their CDL license on a
temporary or permanent basis. The degree of loss depends on whether the
violation is characterized as major (which always results in some form of
disqualification) or serious (which cumulatively result in disqualification) or
otherwise. Below we set out the standards. Note:
Using a CMV or non CMV in the commission
of a felony involving manufacturing, distributing, or dispensing a controlled
substance will result in a disqualification for life, without the possibility
of reinstatement.

Disqualification
for major violations. Below we list the causes
for a “major violation.” The first
violation for a major violation, in a CMV or a non-CMV, results in a one-year
disqualification (or a three-year disqualification if transporting hazardous
materials required to be placarded). The second
violation for a major, in a CMV or a non-CMV, results in a lifetime
disqualification. The driver may be eligible for reinstatement under certain
conditions after ten years. Major violations include:

Being under the influence
of alcohol as prescribed by Arkansas law. (Read more about Arkansas DUI law.)

Being under the influence
of a controlled substance.

Having a blood alcohol
concentration (BAC) of .04% or greater while operating a CMV

Refusing to take an alcohol
test as required by Arkansas law under its implied consent laws or regulations.

Leaving the scene of an
accident.

Using the vehicle to commit
a felony.

Driving a CMV when, as a
result of prior violations committed operating a CMV, the driver's CDL is
revoked, suspended, or canceled, or the driver is disqualified from operating a
CMV.

Causing a fatality through
the negligent operation of a CMV, including but not limited to the crimes of
motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.

Using the vehicle in the
commission of a felony involving manufacturing, distributing, or dispensing a
controlled substance.

Disqualification
for serious traffic violations. The first violation for a serious violation
does not result in a disqualification. A second
serious violation within three years, results in a 60 day disqualification, and a third serious violation within three years,
results in a 120 day disqualification. Serious disqualifications must be served
consecutively. All serious violations in a CMV are included. Serious violations
in a non-CMV must not be included, unless it results in the revocation,
cancellation, or suspension of the CDL holder's license or non-CMV driving
privileges.

Speeding excessively,
involving any speed of 15 miles per hour or more above the posted speed limit.

Driving recklessly, as
defined by Arkansas law, including but, not limited to, offenses of driving a
motor vehicle in willful or wanton disregard for the safety of persons or
property.

Making improper or erratic
traffic lane changes.

Following the vehicle ahead
too closely.

Violating Arkansas law
relating to motor vehicle traffic control (other than a parking violation)
arising in connection with a fatal accident.

Driving a CMV without
obtaining a CDL.

Driving a CMV without a CDL
in the driver's possession.

Driving a CMV without the
proper class of CDL and/or endorsements for the specific vehicle group being
operated or for the passengers or type of cargo being transported.

Disqualification
for railroad-highway grade crossing (RRHGC) offenses, while operating a CMV. The first violation
of a RRHGC results in a disqualification of not less than 60 days. The second violation, within three years,
results in a disqualification of not less than 120 days. The third and subsequent violations, within
three years, results in a disqualification of not less than one year. RRHGC include:

The driver is not required
to always stop, but fails to slow down and check that tracks are clear of an
approaching train.

The driver is not required
to always stop, but fails to stop before reaching the crossing, if the tracks
are not clear.

The driver is always
required to stop, but fails to stop before driving onto the crossing.

The driver fails to have
sufficient space to drive completely through the crossing without stopping.

The driver fails to obey a
traffic control device or the directions of an enforcement official at the
crossing.

The driver fails to
negotiate a crossing because of insufficient undercarriage clearance.

Violation of
Out-of-Service Order while operating a CMV. Violating
a driver or vehicle out-of-service order transporting hazardous or
non-hazardous materials or while operating a vehicle designed to transport 16
or more passengers, including the driver.

CDL Specific Violations

There are
a number of requirements that apply only to those with a commercial driver's
license. Many of these requirements are set on the federal level. Drivers can
also be penalized for the following CDL related offenses:

Overweight. Vehicles must have specific
permits if they carry an oversized load. Permits can be issued annually or
per-trip and cannot be transferred from vehicle to vehicle.

Log Books. CDL drivers must have a logbook
that is up to date and that reflects hours driven. Falsifying or failing
to keep a logbook can result in federal penalties and is punishable
by up to six months in jail.

Speeding while
towing a trailer. If driving above 15 miles per hour over the speed limit, this can result
in suspension of a license.

Grade
restrictions.A
commercial driver who drives on a road where he or she is not permitted
due to its grade (steepness) can be subject to penalties up to a 60-day
license suspension for a first offense.

Drivers are also not allowed to have more than one CDL. If
you are found having multiple CDLs from different states, you may be fined
up to $5,000 and jailed. The court can also keep your home state license, and
will return licenses from all other states.

Personal Violations

The Motor
Carrier Safety Improvement Act of 1999 states that drivers with a CDL
will have their CDL disqualified if they are convicted of certain types of
moving violations in their personal vehicle. These may occur if: (1) a driver loses his license
to operate his personal vehicle, whether by having it suspended, canceled or
revoked, and the cause was a serious speeding violating, he will lose his
CDL from somewhere between 60 and 120 days, and (2) the personal vehicle
license is revoked, suspended or canceled due to an alcohol violation, the
CDL will be lost for one year. The CDL will be lost for life if the driver
receives a second alcohol conviction, even if the offense was committed in
is personal car. Something called a "hardship" license to
operate a CMV exists, but drivers may not obtain one of these if they
have lost their license to operate personal vehicles. If you are
convicted of any traffic violation other than parking violations,
regardless of what type of vehicle you are driving, you must tell your
employer of that within 30 days.

Getting Help

If you have been ticketed or issued a CDL violation in Arkansas, you may
have defenses available to you. Because disqualification or loss of license can
result from various infractions, you should consider consulting an attorney who
can explain your options and help you to explore potential defenses.